Warrant needed to use facial recognition tech to ID rioters

VANCOUVER (NEWS1130) – ICBC can only use facial recognition technology to prevent driver’s licence fraud — not to help identify suspected Stanley Cup rioters. The recommendation is part of a report released  by BC’s privacy watchdog.

Privacy Commissioner Elizabeth Denham says when facial recognition technology is in the hands of the state, it can become a surveillance tool. “So, we really have to ensure that public bodies like ICBC are upfront about the use of the technology, use it for a defined purpose and limit it to that purpose, because it really is a slippery slope.”

Denham found many British Columbians didn’t even know it was in use.

ICBC‘s Adam Grossman says action has been taken on all five recommendations. “We had made the offer to the VPD at the time because obviously they had a tremendous amount of information to go through and we let them know we were a potential resource to them in their investigations.”

“At the end of the day, we didn’t end up sharing any information with the VPD in relation to the riot, which is good given the findings of this report,” he notes.

Vancouver Police say they recognized a potential conflict.

“A decision was made to use the video processing in Indianapolis,” says Inspector Les Yeo. “The LEVA lab’s technology was much more superior for our investigative needs.”

Yeo adds there are no current plans to use facial recognition technology but if the decision changes a court order would be obtained.

Summary of recommendations:

1. ICBC should clearly notify customers that facial recognition technology is in use for the purposes of detecting and preventing driver’s licence fraud. At a minimum, notification should be provided at the following points:
– At all ICBC offices that serve the public
– On the ICBC website
– In the written notice for renewal of a driver’s licence or identification card
– In the application for a new driver’s licence or identification card

2. ICBC should immediately cease using their facial recognition database to identify persons in images provided by police, unless authorized by a subpoena, warrant or court order.

3. ICBC should establish accountability and leadership on privacy within the corporation, to ensure that privacy is taken into account in decision-making at the executive level.

4. ICBC should implement a privacy impact assessment policy, to set out when and how a privacy impact assessment is completed and reviewed. Technology projects should be reviewed at the conceptual, design AND implementation phases.

5. ICBC should develop a schedule for periodic review of its privacy policies.